Is Doma Doomed?

Marriage Under Attack in Congressional and Legal Action

WASHINGTON
— A congressman from New York recently introduced a bill called the Respect for
Marriage Act, winning support from an initial 90 co-sponsors. Advocates speak
about the “immorality” of the situation the legislation seeks to address.

But
rather than seeking to protect the traditional definition of marriage as a
union of one man and one woman, the bill, H.R. 3567, would completely eliminate
the Defense of Marriage Act, which allows states to define marriage as a legal
union between one man and one woman.

In
addition to repealing Doma, the Respect for Marriage Act would require federal
recognition of any legal same-sex “marriage” and extend all federal rights and
benefits to same-sex couples.

Doma
is also being challenged in federal court, and while the Obama Justice
Department is defending it as a matter of protocol, Obama has voiced his
opposition to the law.

Rep.
Jerrold Nadler, D-N.Y., who introduced the Respect for Marriage Act, and
homosexual advocates say that Doma, signed into law by Democratic President
Bill Clinton, discriminates against same-sex couples.

“This
legislation would repeal the Defense of Marriage Act … which discriminated
against lawfully married same-sex couples,” Nadler said. “Doma singles out
legally married same-sex couples for discriminatory treatment under federal
law.”

“Doma
is and has always been an immoral attack on same-sex couples, our families and
our fundamental humanity,” said Rea Carey, executive director of the National
Gay and Lesbian Task Force. “It is long past time to repeal Doma, which has
left a moral scar on this country.”

But
Allan Carlson, president of the Howard Center for Family, Religion and Society,
thinks otherwise.

“That
is so profoundly wrong,” he said. “The moral scar is that we had to resort to
Doma to try to protect a vital human institution that is in the best interests
of our children and country. The tragedy is that we had to devote energy to
something like that, which should have been self-evident to our lawmakers.”

“Homosexual
activists and their congressional supporters are making the outrageous claim
that protecting marriage is a form of discrimination,” said Shari Rendall,
director of legislation and public policy with Concerned Women for America.
“But the reverse is true — failing to protect marriage and overturning marriage
laws will result in reverse discrimination against people who believe that
marriage is between one man and one woman.”

Obama’s Reversal

President
Obama has made it clear that he wants Doma repealed.

“The
Department of Justice has filed a response to a legal challenge to the Defense
of Marriage Act, as it traditionally does when acts of Congress are
challenged,” wrote the president. “This brief makes clear, however, that my
administration believes that the act is discriminatory and should be repealed
by Congress. I have long held that Doma prevents LGBT couples from being
granted equal rights and benefits.”

The
president’s actions have drawn criticism, even from supporters.

“It
seems contradictory for the president to have talked about being for civil
union and against gay ‘marriage,’ while supporting the destruction of Doma,
which affirms the very institution he hails so loudly,” said Harry Jackson,
senior pastor of Hope Christian Church in Beltsville, Md. “‘What does he really
believe?’ is the perennial question that rises from the religious community
across many denominational boundaries.”

Earlier
this summer, Jackson and a contingent of fellow black leaders sent a letter to
the president expressing their concern.

“The
danger for your administration would be that many of these people may write you
off as being anti-traditional Christianity and may decide to voice their
displeasure at the ballot box,” wrote the coalition. “All of us have heard a
growing discontent with your social stances in all communities, even the black
church world.”

States’ Rights?

Those
who oppose the Nadler bill are concerned that it would weaken state laws
protecting marriage.

An
analysis by the Alliance Defense Fund found that repealing Doma would open the
door for litigation to force states to recognize “marriages” between same-sex
couples.

Marriage
amendments and other measures defining marriage as the union of one man and one
woman have passed in more than 30 states.

According
to Gary Gates, a demographer at UCLA who is advising the Census Bureau, there
were an estimated 100,000 official same-sex “marriages,” civil unions and
domestic partnerships in 2008.

“Many
of those in favor of this bill argue that the repeal of the Defense of Marriage
Act is not intended to force same-sex ‘marriage’ on all the states,” said Brian
Raum, senior counsel with the Alliance Defense Fund. “If that is not the
intent, its supporters wouldn’t be seeking to repeal the section of Doma that
makes it clear that states have a right to define marriage as the union of one
man and one woman.”

Tim Drake is based in

St. Joseph, Minnesota.

Defending Marriage in Maine

The battle for the institution of marriage is in full swing in the state of Maine. Voters there were denied the ability to vote on same-sex “marriage” when legislators passed a law this spring granting homosexuals the “right” to marry.

Concerned citizens gathered more than 100,000 signatures to have a “citizen’s veto” placed on the statewide ballot in November. That measure asks voters whether they would like to repeal the law, restoring the state’s understanding of the definition of marriage as the union between one man and one woman.

Portland Bishop Richard Malone was at the forefront in the fight even before LD 1020 was passed.

“We oppose attempts to grant the legal status of marriage to a relationship between persons of the same sex,” said Bishop Malone. “A same-sex union can never realize the unique and full potential that the marital relationship expresses.”

Marc Mutty, director of the diocesan office of public affairs and chairman of the multidenominational Stand for Marriage Maine campaign, which is fighting to repeal the law, said Bishop Malone “sees marriage as the cornerstone of our society, and we, as Catholics, have an obligation to support marriage.”

Scott Fish, communications director for Stand for Marriage Maine, says that the opposition is well funded and well organized.

“Money is coming in from California, New York, Connecticut, as well as the AFL-CIO [American Federation of Labor and Congress of Industrial Organizations] and SEIU [Service Employees International Union],” said Fish. “They even have a vacation program, where they tell their supporters, ‘Come spend a week in Maine and help us make same-sex ‘marriage’ legal.’”

“We’re up against a multimillion dollar campaign,” said Mutty. “What happens in Maine will impact the country.”

Early polling has shown that those who want the law repealed have a slight lead over supporters of the law.

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